What Is Constitution Of India Article 28?

Constitution Of India Article 28: Freedom As To Attendance At Religious Instruction Or Religious Worship In Certain Educational Institutions

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

• (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
• (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
• (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Brief Detail

Article 28 ensures the secular nature of education funded by the State by prohibiting religious instruction in wholly State-funded institutions while allowing exemptions for institutions established under trusts mandating religious education. It also safeguards individual choice by requiring consent for participation in religious instruction or worship in aided or recognised institutions.

Question

Q1: Can State-funded institutions provide religious instruction?

A1: No, institutions wholly maintained by State funds cannot provide religious instruction, as per Article 28(1).

Q2: What is the condition for religious instruction in institutions established under trusts?

A2: Religious instruction can be provided if the institution is established under an endowment or trust requiring it, even if administered by the State.

Example

Example 1: A government school wholly funded by State resources cannot include religious classes as part of its curriculum.

Example 2: A trust-based institution receiving State aid can provide religious education if the trust's terms mandate it, but participation requires prior consent.

Summary

Article 28 ensures the secular approach of State-funded education, allows religious instruction under specific trust conditions, and protects individual choice regarding participation in religious activities in educational institutions.